Q: If I'm pulled over for drunk driving, can I insist on speaking with an attorney before I take any breath or blood tests?
A:
Yes, but it is very uncommon for a defendant in this state to do so, especially with all the officers yelling and being ass#0l*s.
You should talk to an attorney now though, immediately. If I were handling the case, depending on the nature of the stuff I would demand a probable cause hearing and it will be granted.
See when you wrote "pulled over for drunk driving" I immediately realized you CANNOT be pulled over for "drunk driving" ONLY.
For example, I have a client who is pulled over supposedly for hanging license plate and the cops arrested him for DWI but DID NOT ISSUE A TICKET FOR THE HANGING PLATE! As such, the argument is that the plates were never hanging in there was no probable cause to pull of the vehicle, in which case the offices would've never smell the alcohol… it becomes "fruit of the poisonous tree and my client's case for DWI was ACD's (dismissed).
Please feel free to contact our office at +1 (914) 912-1555 or my cell at +1 (914) 364-6327 and I'll be happy to give you some free advice and perhaps meet for a free consult.
Aubrey
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